N.Y. Correction Law § 753: Factors to be considered concerning a previous criminal conviction; presumption

§ 753. Factors to be considered concerning a previous criminal

conviction; presumption. 1. In making a determination pursuant to

section seven hundred fifty-two of this chapter, the public agency or

private employer shall consider the following factors:

(a) The public policy of this state, as expressed in this act, to

encourage the licensure and employment of persons previously convicted

of one or more criminal offenses.

(b) The specific duties and responsibilities necessarily related to

the license or employment sought or held by the person.

(c) The bearing, if any, the criminal offense or offenses for which

the person was previously convicted will have on his fitness or ability

to perform one or more such duties or responsibilities.

(d) The time which has elapsed since the occurrence of the criminal

offense or offenses.

(e) The age of the person at the time of occurrence of the criminal

offense or offenses.

(f) The seriousness of the offense or offenses.

(g) Any information produced by the person, or produced on his behalf,

in regard to his rehabilitation and good conduct.

(h) The legitimate interest of the public agency or private employer

in protecting property, and the safety and welfare of specific

individuals or the general public.

2. In making a determination pursuant to section seven hundred

fifty-two of this chapter, the public agency or private employer shall

also give consideration to a certificate of relief from disabilities or

a certificate of good conduct issued to the applicant, which certificate

shall create a presumption of rehabilitation in regard to the offense or

offenses specified therein.